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Clinical Trials Quebec has developed a support Service available, among other things, via its Website to the attention of any User, namely any potential patient (including their caregivers and/or legal representatives) and other members of the public wishing to identify clinical trials conducted in Quebec, or elsewhere in Canada or in the world (in the absence of such trials in Quebec).
Unless the context requires otherwise, grammatical variations of any defined term herein has a similar meaning and the singular includes the plural and the masculine includes the feminine, and vice versa.
Clinical Trials Quebec makes available to Users some:
2.1.1 Services : These Services are intended to assist Users in their preliminary research and identification of clinical trials. The Services allow Users to be assisted by Clinical Trials Quebec when conducting targeted clinical trial searches according to the following process:
2.1.2 Content. This Content is intended to provide information related to the Services and clinical trials to Users.
2.1.3 Continuous Monitoring Service. This allows Users to stay informed, through alerts, of any updates regarding their request or if new clinical trials corresponding applicable criteria become available. An update will be sent when a new result becomes available. The Service will be offered as long as the User has not unsubscribed. Any User may unsubscribe at any time.
Each User must provide consent to use the Services. If a User is making a request on behalf of another person and chooses to provide personal information about that person, then the User must confirm that they have the right to provide that information. (A User who makes a search on behalf of another person does not have to include that person's name or other identifiers, and Clinical Trials Quebec does not wish to receive such information). The consent and information provided will be kept in the User's file.
The Services (including any report) and the Content are offered free of charge.
Usage fees that are charged by a User's Internet or wireless carrier will apply independently and according to the use that is made of their electronic devices.
Any User acknowledges and agrees :
Each User acknowledges and agrees that any comments, ideas and other suggestions brought to the attention of Clinical Trials Quebec in connection with the Services (including any reports), the Website or the Content shall belong to Clinical Trials Quebec. Accordingly, any User assigns to Clinical Trials Quebec all rights, title and interest, and waives any moral rights, in such comments, ideas and other suggestions.
Any information provided by any User shall remain the property of the User. The User agrees, however, that Clinical Trials Quebec (and its subcontractors, where applicable) may use the information: (i) to perform the agreed-upon Services; and (ii) to generate depersonalized Personal Information that may be used (in an aggregated format to the extent possible) for statistical and development purposes, to evaluate and improve the Services, the Content and the Website, and for any other permitted purpose.
Each User represents and warrants :
The rights and licenses granted to any User are granted on the basis of these representations and warranties which are an essential condition thereof. If any of these representations and warranties is no longer accurate or enforceable, then any User must cease accessing and using the Services, the Website and the Content.
While the Services and the Website have been created using technologies of merchantable quality, any technology – just like any other service or delivery method – is never infallible or fully protected against unforeseen events, cyber-attacks (and other illegal acts) or failures. Furthermore, Clinical Trials Quebec reminds that the Services (including any reports), the Website and the Content have not been created to meet the specific needs of any User. Similarly, Clinical Trials Quebec reminds that it is possible that no clinical trial be identified depending on when search is conducted and/or the criteria selected. Finally, Clinical Trials Quebec reminds that : (i) any Content and Services (including any reports) are provided for informational purposes only and are not to be used for self-diagnosis, or to make interpretations, prognoses, opinions, statements or medical recommendations, and are not a substitute for professional medical advice; (ii) any Content (and any reports) has been prepared using reasonable efforts to ensure accuracy, it being understood that such Content (and any reports) - like any other information - may be or become inaccurate or out of date; and (iii) any content from an Other Source is reproduced "as is".
Each User understands that this Section 5 provides essential conditions to the rights and licence granted to him or her.
Clinical Trials Quebec may terminate access to the Services, the Website and/or the Content at any time. Any User may also stop accessing and using the Services, the Website and/or the Content at any time, at their option and without further formality. Thereafter, any User shall continue to be bound by any provisions which by their nature continue to apply, including those set forth in Sections 3 (Property), 4 (Representations and Warranties), 5 (Responsibility) and 7 (Miscellaneous).
Instead of terminating access to the Services and Content, Clinical Trials Quebec may limit, restrict or suspend their use or access if they are defective (until the situation is corrected) or for any reason (for any period of time deemed reasonable).
If any provision is in conflict with any law or is unenforceable, then such provision shall be severable from the remaining provisions, and shall be deemed rewritten so as to be valid and enforceable while preserving, to the greatest extent possible, its original intent and scope.
Clinical Trials Quebec is not liable for any damage caused by a situation of force majeure.
Any notice given to Clinical Trials Quebec: (i) must be in writing and sent by registered or certified mail, hand-delivered, or transmitted by e-mail (with confirmation of transmission); and (ii) will be received on the day of delivery or on the date shown on the confirmation (of transmission or delivery) if received on a business day prior to 5:00 p.m. at the address provided herein, failing which such notice will be deemed to have been received on the next business day.